The sexual Offences Act 2003

Sexual Offences Act 2003

The Act sets out the offences requiring the prosecution to prove absence of consent at sections 1-4. They are:

• rape;
• assault by penetration;
• sexual assault; and
• causing a person to engage in sexual activity.

In relation to these offences a person (A) is guilty of an offence if she/he:

• acts intentionally,
• (B) does not consent to the act, and
• (A) does not reasonably believe that (B) consents.

In relation to many other offences there is no requirement to prove an absence of consent. Only the act itself and the age of the victim or other criteria need to be proved. They include:

• rape of a child under 13
• assault by penetration of a child under 13
• sexual assault of a child under 13 and
• inciting or causing a person to engage in sexual activity with a child under 13
• child sexual offences involving children under 16
• children under 18 having sexual relations with persons in a position of trust
• children under 18 involved with family members over 18
• persons with a mental disorder impeding choice
• persons with a mental disorder who are induced threatened or deceived
• persons with a mental disorder who have sexual relations with care workers